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La résurgence du droit au développement : recherche sur l'humanisation du droit international

Abstract : The right to development is a singularity in contemporary international law.It has been presented frequently as a inalienable and fundamental right : it aims to guarantee the personal fulfillment and the improvement of human condition. This multi-skilled and multi-purpose right gives to its subjects (human beings) a legal entitlement, enabling them to become the beginning, the center and the beneficiaries of all development activities. But its complex nature, its large purpose of social justice and political militancy make it juridicity difficult. The right to development is often summarized as an old idea in limbo.However, after a discrete periode, the right to development reappears by unexpected ways, free of its old ideologies, in connexion with the metamorphosis of the new concepts of development. Its resurgence is making itself stronger : it is an illustration of the variety of the law making process in international law. Some standards are elaborating, legal precedents and jurisprudences are coming, and certain practices of this right are emerging. This phenomenon requires a new analysis based on the effectivity of the right.Beyond its use as right per se, the consolidation of the right to development reveals current transformations in international law. A symbiosis exists between the effective progress of the right to development and the process of humanization of the international law. This connexion enable a reconciliation between human rights, peoples' rights and States' rights, in the perspective of a pragmactic legal humanism.
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Submitted on : Tuesday, September 24, 2019 - 12:40:10 PM
Last modification on : Wednesday, March 4, 2020 - 12:16:28 PM
Long-term archiving on: : Sunday, February 9, 2020 - 10:33:20 PM


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  • HAL Id : tel-02275632, version 2



Enguerrand Serrurier. La résurgence du droit au développement : recherche sur l'humanisation du droit international. Droit. Université Clermont Auvergne, 2018. Français. ⟨NNT : 2018CLFAD006⟩. ⟨tel-02275632v2⟩



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